in which way can presidential succession be handled?

For example, Secretary of Agriculture Sonny Perdue was the Cabinet member so designated when President Donald Trump delivered his 2018 State of the Union Address. Since Congress was customarily out of session for half of each year, what would happen in that era of high mortality rates if both the president and vice president died during the adjournment period and there was no designated president pro tempore? The balance tipped the other direction under Andrew Johnson (unwillingly) and U.S. Grant (willingly), when the Radical Republicans gained influence. Succes sion may occur in two ways. apt intall python3.11 installs multiple versions of python. Official websites use .govA .gov website belongs to an official government organization in the United States. My question is, what happens in the unlikely case where both the president and vice president die/become unfit for office and no one in the line of succession is eligible? Why this simple serial monitor code not working? Such a vacancy occurred whenever apresident died in office, on the seven occasionswhen vice presidents died in office, and whenVice President John C. Calhoun resigned in1832. If this happens, the previously entitled officer can "bump" the person then acting as president. That person would then become acting president. There are concerns regarding the constitutionality of having members of Congress in the line of succession. To buttress this argument, he pointed out that since the federal government began operations 96 years earlier in 1789, six secretaries of state had gone on to be elected president, serving in that office for 36 of those 96 years. PDF Presidential Succession: Perspectives, Contemporary Analysis, and 110th [18], The Presidential Succession Act of 1886 (Full text) substituted the Cabinet secretaries listed in the order in which their department was created for the President pro tempore and Speaker in the line of succession. Had they been elected, Willkie's death would have resulted in the secretary of state becoming acting president for the remainder of the term ending on January 20, 1945. Starting the Prompt Design Site: A New Home in our Stack Exchange Neighborhood. In the event of the president's death, resignation, or removal from office, the Vice President assumes the presidency. Are you sure about that? It was passed by the Senate the following year, but failed in the House. The only way that this could occur would be for all three positions to be unavailable. When brought up for discussion the following month, the President pro tempore of the Senate and the Speaker of the House were proposed; the Secretary of State and the Chief Justice of the United States were as well. The presumption here is that every other position in the line of succession would not be qualified (or also dead). Its procedures for declaring a temporary disability have been invoked on four occasions by three presidents. The official Ordinance of Secession was signed June 14. This line changed twice inthe countrys history. [38], There is a long history, dating back to the Cold War era,[39] of keeping a designated successor away from events at which numerous high-ranking federal officersincluding the president, vice president, congressional leaders, and Cabinet memberswill be gathered. Chapter 13: The Presidency Flashcards | Quizlet Hoar laid out several reasons why the succession statute needed to be changed: among them, that the four-year term of a president elected in a special election might be out of sync with the congressional election cycle, resulting in "confusion and trouble". In the very next section of ArticleII, the President is empowered to "require the Opinion, in writing, of the principal Officer in each of the executive Departments" and to appoint, by and with the advice and consent of the Senate, "Officers of the United States". The Presidential Succession Act of 1947 (Full text) restored the speaker of the House and president pro tempore of the Senate to the line of successionin reverse order from their positions in the 1792 actand placed them ahead of the members of the Cabinet, who are positioned once more in the order of the establishment of their department: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General, Postmaster General, Secretary of the Navy, and Secretary of the Interior. The bill became law on March 1, 1792, with the signature of President George Washington. The original act of 1792 had placed the Senate president pro tempore and Speaker of the House in the line of succession, but in 1886 Congress had removed them. Fearing that the presidency might thus accidentally slip into the hands of the opposition, vice presidents occasionally refused to perform this little courtesy when the opposing party held the Senate majority. In each case, had the incumbent president died, resigned, been removed from office or been disabled during one of these vice presidential vacancies, the president pro tempore of the Senate would have become the acting president. Constitutional scholars from James Madison to the present day have argued that the term "Officer" refers to an "Officer of the United States", a term of art that excludes members of Congress. I'm not sure how this answers my question. [31] It also included a provision substituting Secretary of Defense for Secretary of War in the line of succession and striking out the Secretary of the Navy. Next after Stettinius came Henry Morgenthau, Jr., then Secretary of the Treasury. @JoeC Of course, this is entirely hypothetical. July 18, 1947 On July 18, 1947, President Harry Truman signed the Presidential Succession Act. Email a Senate historian. So as a practical matter, these three positions are always selected for eligibility to be president. Replacing rusty trunk dampener - one or both? Chief Justice of the Supreme Court of the United States Warren Berger swore in President Reagan for his second term in this public ceremony on January 21, 1985, as President Reagan's wife Nancy Reagan looks on. For example, these three might be in a single meeting and all killed at once. "The vice president would be ahead of the President pro tempore of the Senate in the line of succession and would become president." Such a double vacancy nearly occurred on three occasions: As a consequence of the sometimes lengthy vacancies in the office of vice president, the person serving as president pro tempore of the Senate garnered heightened importance, for although he did not assume the vice presidency, he was then next in line for the presidency. Of the 15 cabinet positions in the line of succession, I think it would be highly unlikely that none of the 15 would be eligible to serve as Acting President. 173 (1965), John D. Feerick, The Twenty-fifth Amendment: Its Complete History and Applications (1976 and 1994), Joel K. Goldstein, The Modern American Vice Presidency: The Transformation of a Political Institution (1982), Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment (Robert E. Gilbert ed., 2000), Rose McDermott, Presidential Leadership, Illness, and Decision Making (2008), Presidential Disability: Papers, Discussions, and Recommendations on the Twenty-Fifth Amendment and Issues of Inability and Disability in Presidents to the United States (James F. Toole and Robert J. Presidential Succession | Constitution Annotated | Congress.gov Order of presidential succession | USAGov Taking over in the case that the president, vice president, and Speaker of the House all become incapacitated. The six secretaries of state who had become president were: Thomas Jefferson, James Madison, James Monroe, John Q. Adams, Martin Van Buren and James Buchanan. Share sensitive information only on official, secure websites. Presiding over the Senate when the vice president is not available and there is no other person delegated with that power. What happens if no one in the line of US presidential succession is The U.S. Constitution and the Presidential Succession Act of 1947 outline the presidential order of succession. The written declarations of Presidential inability triggering succession procedures under 4 of the Twenty-Fifth Amendment need not necessarily be personally signed by the Vice President and a majority of the principal officers of the executive departments. The 1947 law reinserted those officials, but placed the Speaker ahead of the president pro tempore. [28] During testimony in 2004 before the United States House Judiciary Subcommittee on the Constitution and Civil Justice, Akhil Reed Amar stated that this provision violates "the Succession Clause, which says that an officer named by Congress shall 'act as President until the Disability be removed, or a President shall be elected'".[44]. This contextual reading is confirmed by Madison's notes from the Constitutional Convention, which reveal that the Convention's Committee of Style, which had no authority to make substantive changes, substituted "Officer" in the Succession Clause in place of "Officer of the United States", probably because the Committee considered the full phrase redundant. So enough state governments would have to appoint replacement Senators to allow for a quorum in the Senate, which could then appoint a President pro tempore of the Senate. The 1947 act places the Speaker before the President pro tempore, so why wouldn't that position be as likely as the President pro tempore to be constitutionally eligible for the Presidency? Impeachment - Presidents, Process & How It Works This is almost always handled by delegating that power. In addition, the disqualified cabinet member is never the secret service's pick for the "Designated Survivor" as the point of the position is to be alive in the event of a decapitation strike on the line of succession in a common gathering (i.e. The Senate rejected the House change a few days later, and the House relented. As you mentioned, at the lower levels this excludes that person from their spot in the line, with everyone below that office moving up in the chain. In those situations, the vice presidentwith a majority of the cabinet, could declare thepresident unable to execute his office, whereuponthe vice president would become acting president. The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution deals with presidential succession and disability.. [10], While the succession provisions of the 1792 Act were never invoked, there were ten instances when the vice presidency was vacant:[11]. John Tyler was the only president pro tempore to become president, and James K. Polk the only Speaker. The President pro tempore of the Senate has two duties: As such, choosing a President pro tempore of the Senate who is not eligible to be president would be silly. ArtII.S1.C6.1 Presidential Succession. Under the current presidential succession structure, if Donald Trump were impeached and removed from office, Mike Pence would replace him. Section 2. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. 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